Proceedings in case of non sessments. at least once in each week, stating in general terms the streets, or section of streets, comprised in such assessment, and requiring the owners of land and real estate assessed in such certificate to pay the amount to him, at his office, within thirty days from the first publication of the notice. 11. And be it enacted, That if any such assessment upon payment of as- any lot, tract or parcel of land and real estate, shall not be paid within the time appointed in said notice, the common council of the said city may, as they shall deem proper, either bring an action on the case in any court of competent jurisdiction, in the name of the mayor and common council of the city of Rahway, against the owner or owners of such lot, tract or parcel of land and real estate, for so much money laid out and expended by them for the use of such owner or ownners, and declare generally and give the special matter in evidence, and either party, from any judgment rendered therein, may have the same remedy by appeal, or otherwise, as if said parties were private individuals; or may order and direct that such lot, tract or parcel of land and real estate, be sold at public auction to pay such tax or assessment as is now provided by the act to which this act is a supplement. Proceedings in case commis 12. And be it enacted, That in case said common council sioners are not shall fail to appoint said commissioners at the time designated in the second section of this act, they may be appointed at any stated meeting thereafter. appointed at time desig nated. Council to rat lands, &c. 13. And be it enacted, That the assent of said common counify purchase of cil shall be necessary to ratify and confirm the purchase of any lands or real estate for the purposes designated in the first section of this act, before the same shall be binding upon said city; and no improvements shall be made thereon until ordered by common council; and the said common council shall have power to pass and enforce all ordinances for carrying this act into effect. Proceedings in 14. And be it enacted, That in case no agreement can be case commis sioners and owners can not agree. made for the purchase of any lands and real estate for the purposes designated in the first section of this act, with the owner or owners thereof, it shall be lawful for said commis-. sioners to make an estimate and assessment of the damages that any such owner or owners will sustain by taking and appropriating, in the manner aforesaid, such lands and real estate; and in estimating such damages, the said commissioners shall have due regard both to the value of the lands and real estate and the injury to the owner or owners thereof by making such improvement as aforesaid; and after such award shall be made, the remaining lands and real estate of any such owner or owners, shall be liable to assessments for the payment of the costs, damages and expenses of such improvements, under and in pursuance of the third section of this act. ers to adver place of meet ing. 15. And be it enacted, That the said commissioners shall commissiongive public notice, by advertisement in the newspapers printed tise time and and published in said city, of the time and place of their first meeting, at least ten days before the time of said meeting; and the said commissioners, or a majority of them, when met, shall have power to examine witnesses, under oath, to be administered by any one of them, to enter upon and view the premises, if they shall deem it necessary, and to adjourn from time to time, and shall make a just and true estimate and assessment as aforesaid, and make and sign a certificate of such estimate and assessment, and file the same with the city clerk, and the same being ratified by the common council, shall be binding and conclusive upon the owner or owners of any such lands and real estate, and the said commissioners shall cause the same to be converted and used for the purpose aforesaid; provided, any person or persons conceiving himself, herself, Proviso. or themselves aggrieved by the proceedings of the commissioners, may appeal therefrom to the supreme court of this state, within thirty days from the time of making the final order of the common council; and the said court shall order a trial, by jury, to assess the damages sustained by the party aggrieved, the trial whereof shall be conducted as in other cases of trial by jury. 16. And be it enacted, That in case of non-payment, on suits may be demand, of any damages estimated and assessed as aforesaid, non-payment brought for "of damages. Proceedings in case owners refuse to accept amount of assessment. Council may borrow money with interest from the date of the assessment, in case of no appeal to said court, as aforesaid, the person or persons entitled thereto may sue for and recover the same from the mayor and common council of the said city, in an action of debt, with costs, in any court having cognizance thereof; and the said proceedings of the said commissioners and common. council, or the award of said jury, as the case may be, shall be conclusive evidence against the defendants. 17. And be it enacted, That the city treasurer shall, under the direction of the common council, tender and pay to the owner or owners of such lands and real estate, if resident in said city, the amount of such estimate and assessment of damages due to him or them, but if any such owner is not resident in the city, or, upon due inquiry, cannot be found, or is a lunatic or idiot, or under age, or if for any other lawful cause he is incapacitated to receive the same, or if such owner will not accept the same and sign a proper receipt therefor, when tendered, then the city treasurer shall make affidavit of such facts, and file the same with the city clerk, and the common council shall, after inquiry into the facts of the case, direct the amount of such assessment to be placed in the city treasury, for the use of the person to whom it may be due; and the said moneys so placed in the city treasury shall be paid by the city to the person or persons entitled thereto, without interest, except from such time as the demand may be made and payment refused. 18. And be it enacted, That the common council shall have power to borrow money from time to time, for the purpose of carrying into effect the provisions of this act, and for all other purposes for which they are authorized to raise money by tax, not exceeding in the whole the sum of forty thousand dollars, and to secure the payment thereof by bond or other instrument, under their common seal and the signature of the mayor of said city, and to provide by tax for the payment thereof, at such time or times, and in such manner as they may deem proper; but, notwithstanding the limitations aforesaid, it shall be lawful for the common council to make temporary loans for a period not exceeding, with any renewals thereof, one year, which loans shall only be in anticipation of city taxes and of assessments for laying out and opening, straightening, altering, or widening any street, road, highway, or alleys, and for the construction of sewers, and the regulating, grading, and paving of streets and sidewalks, and shall not exceed the amount of such anticipated assessments and taxes, and to secure the payment thereof in manner aforesaid. act repealed. 19. And be it enacted, That so much of the act to which Part of former this is a supplement as conflicts with this act, be and the same is hereby repealed. 20. And be it enacted, That this act shall go into effect immediately. Approved, March 17, 1860. CHAPTER CXLVII. A further supplement to the act entitled, "An act for establishing a turnpike road from the town of Hackensack to Hoboken, in the county of Bergen," passed November thirtieth, eighteen hundred and two. 1. Be it enacted by the Senate and General Assembly of Capital stock the State of New Jersey, That "the Bergen Turnpike Com-creased. pany" are hereby authorized to increase their capital stock to an amount not exceeding one hundred thousand dollars beyond what is already authorized, in shares of ten dollars each; and that the same shall be subscribed for, paid and collected . in the manner specified by an act, being a further supplement to the act incorporating said company, approved February twenty-second, eighteen hundred and fifty-three. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1860. moneys de posited. CHAPTER CXLVIII. A further supplement to an act entitled, "An act to incorporate the Investment of 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the Paterson Savings Bank may invest any moneys received by them on deposit or otherwise, in any bonds or stock issued by either of the cities of Paterson, Jersey City and Newark, or by the county of Passaic, in the state of New Jersey; or by either of the cities of New York, Brooklyn, Buffalo or Rochester, in the state of New York, or by the city of Philadelphia, in the state of Pennsylvania, by virtue of any law of such states respectively, anything in the said act or the supplements thereto to the contrary notwithstanding. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1860. |